Section II. Status of Government Respect for Religious Freedom
The constitution stipulates there is no official religion, all religions are equal, and the state has the duty to respect and protect religious coexistence. It declares the state’s neutrality in questions of belief and recognizes the independence of religious groups. According to the constitution, relations between state and religious groups are regulated by agreements between these groups and the Council of Ministers and ratified by the parliament.
The constitution prohibits religious discrimination and guarantees freedom of conscience, religion, and free expression. It affirms the freedom of all individuals to choose or change religion or beliefs and to express them individually, collectively, in public, or in private. The constitution states individuals may not be compelled to participate or excluded from participating in a religious community or its practices, nor may they be compelled to make their beliefs or faith public or prohibited from doing so. It prohibits political parties or other organizations whose programs incite or support religious hatred. The criminal code prohibits interference in an individual’s ability to practice a religion and prescribes punishments of up to three years in prison for obstructing the activities of religious organizations or for willfully destroying objects or buildings of religious value.
By law, the Office of the Commissioner for Protection from Discrimination receives and processes discrimination complaints, including those concerning religious practice. The law specifies the State Committee on Cults, under the jurisdiction of the Office of the Prime Minister, regulates relations between the government and religious groups, protects freedom of religion, and promotes interfaith cooperation and understanding. The law also directs the committee to maintain records and statistics on foreign religious groups that solicit assistance and to support foreign employees of religious groups in obtaining residence permits.
The government does not require registration or licensing of religious groups, but a religious group must register with the district court as a nonprofit association to qualify for certain benefits, including opening a bank account, owning property, and exemption from certain taxes. The registration process entails submission of information on the form and scope of the organization, its activities, identities of its founders and legal representatives, nature of its interactions with other stakeholders (e.g., government ministries and civil society organizations), address of the organization, and a registration fee of 1,000 lek ($9). A judge is randomly assigned within three to four days of submission to adjudicate an application, and the decision process usually concludes within one session.
The government has agreements with the Sunni Muslim and Bektashi communities, the Catholic and Orthodox Churches, and the VUSH. These bilateral agreements codify arrangements pertaining to official recognition, property restitution, tax exemptions on income, donations and religious property, and exemption from submitting accounting records for religious activities. A legal provision enacted in 2009 directs the government to provide financial support to the four religious communities with which it had agreements at the time. This provision of the law does not include the VUSH, whose agreement with the government dates from 2011. There is no provision of the law to provide VUSH with financial support from the government.
The law requires the ATP to address claims by religious groups for properties confiscated during the communist era.
The law allows religious communities to run educational institutions as well as build and manage religious cemeteries on land the communities own.
Public schools are secular, and the law prohibits religious instruction, but not the teaching of religion as part of a humanities curriculum. Private schools may offer religious instruction. Religious communities manage 114 educational institutions, including universities, primary and secondary schools, preschools, kindergartens, vocational schools, and orphanages. By law, the Ministry of Education, Youth, and Sport must license these institutions, and nonreligious curricula must comply with national education standards. Catholic, Muslim, and Orthodox groups operate numerous state-licensed kindergartens, schools, and universities. Most of these do not have mandatory religion classes but offer them as an elective. For instance, Beder University offers undergraduate and graduate programs in Islamic Studies. The AIC runs six madrassahs that teach religion in addition to the state-sponsored curriculum.
The country is a party to the International Covenant on Civil and Political Rights.
The Catholic, Sunni Muslim, Orthodox, and Bektashi communities reported their total government financial support remained at 109 million lek ($1.02 million), the same as in 2017 and the previous year. The Sunni Muslim community continued to receive approximately 28 percent of the funding, while the remaining three each continued to receive 24 percent. The communities continued to use the funds to cover part of the salaries for administrative and educational staff. The Bektashi community, which had fewer staff members than the others, continued to use part of these funds for new places of worship.
The government implemented an April 2017 decision to subsidize the price of electricity and water for places of worship as a means of indirect financial support for religious communities. Leaders of the five main religious communities confirmed they were paying a lower price for electricity and water.
The VUSH reported that, although there was still no formal written agreement with the government on receiving financial support, the State Committee on Cults provided a written commitment to extend financial support to evangelical Christian churches. The Cults Committee stated it submitted VUSH’s request for financial support to the government. The VUSH, the Orthodox Church, and the AIC expressed appreciation for the State Committee on Cults’ engagement with them. The VUSH, however, also expressed concern that the government and some media outlets had shown indifference towards it in comparison with other faith communities.
The government continued the process of legalizing unofficial mosques, Catholic and Orthodox churches, and tekkes (Bektashi centers of worship) built during the 1990s. The Agency for the Legalization, Urbanization, and Integration of Informal Construction (ALUIZNI) reported that from 2014 through September it legalized 330 religious buildings, including 104 Catholic churches, 153 mosques, and 47 tekkes. The Orthodox Church reported ALUIZNI approved only two full and two partial legalizations out of the Church’s 23 requests.
The ATP acknowledged the slow pace in adjudicating claims, attributing it to the large volume of files – 551 cases – under review. The ATP reported it rejected 17 claims during the year, which claimants may challenge in court. The law grants 10 years to execute a compensation order from the ATP – awarding the property in dispute, monetary compensation, or different property – from the date the order is finalized. In response to a Constitutional Court declaration that some provisions of the 2015 Law on Property were unconstitutional, the Council of Ministers issued two decisions during the year designed to break an impasse in reviewing claims. ALUIZNI reported that, between 2012 and 2018, it compensated the Catholic Church, Orthodox Church, AIC, and Bektashi for land illegally occupied by builders.
The Orthodox Church reported the ATP had reviewed only 10 percent of the 890 properties for which the Church had submitted claims. The Church expressed its concern about delayed court proceedings and said the State Advocate, an institution in the Ministry of Justice that provides government institutions with legal counsel and representation, appealed the few court rulings that favored the Church.
Bektashi leaders reported construction continued on two places of worship in Gjirokaster, three in Permet, and one in Elbasan. The government reportedly legalized 31 tekkes during the year. The Bektashi community said it continued to have problems with the local registration offices in Gjirokaster regarding one property, noting the registration process was slow, bureaucratic, and vulnerable to corruption.
The Bektashi stated the State Advocate unfairly challenged title over the course of several years for numerous properties that the Bektashi said they obtained through a court ruling. The Bektashi community said it brought a complaint to the Ministry of Justice and Office of the Prime Minister, but had not received a response.
The AIC reported the unlawful expropriation of some of its land, citing corruption in the judiciary as the cause. For example, the AIC claims it owned land near the Trade Chamber building in Tirana but said it was transferred in a corrupt judicial holding to another entity. The other entity exchanged the land claimed by the AIC for two parking garages, further alienating title from the AIC.
VUSH members continued to report difficulties in acquiring land on which to construct places of worship due to local government tax assessments and regulations. They said they continued to rent existing buildings instead.
The VUSH reported it continued to have problems registering its property with the local registration office in Korca, and the registration office in Tirana did not provide one of the VUSH’s organizations with a foundation blue print. The VUSH filed a complaint challenging the Tirana refusal, but said the city had not responded by year’s end.
VUSH leaders stated the central government continued to exempt the organization from property taxes on its churches, but local authorities imposed fees they said were not taxes. The VUSH continued to dispute the municipalities’ position. The AIC paid the locally imposed fees for its entities located in Tirana.
Leaders of the five main religious groups expressed concern with a new, cross-thematic curriculum for teaching religion as part of the humanities curriculum for sixth and 10th grade students. They stated they were concerned because they did not participate in the drafting, and the teachers slated to provide the instruction did not have training in theology.
As of year’s end, the Council of Ministers had not adopted regulations to implement a 2017 law providing additional protection for minority rights, including freedom of religion.
A State Committee on Cults census of religious organizations conducted during the year counted 611 groups, including 248 foundations, 323 religiously related NGOs, and 40 centers. The AIC has one foundation, while the Orthodox Church has three. The Catholic Church does have any associated NGOs, foundations, or centers, while the VUSH has 158.
In April Prime Minister Edi Rama warned in a speech that Russia was intent on radicalizing Muslims in the country and urged the European Union not “leave a space for other countries to fill.” (The country is seeking EU accession.) He criticized European politicians for stirring anti-Muslim sentiment.